State v. Bryant’s Empirical Analysis

Citation profile

30 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the trial of all indictments, complaints, or other proceedings against persons charged with the commission of crimes, offenses or misdemeanors, the person so charged is, at his own request, but not otherwise, a competent witness, and his failure to make such request shall not create any presumption against him. ...””

   2 later decisions quote this exact passage
   e.g. State v. Covington · State v. Caron

2. ““Defendant assigns as error the court’s instructions to the effect that defendant’s failure to testify was not to be considered against him. Although the instruction is meager and is not commended, we are constrained to hold that it meets minimum requirements. Ordinarily, it would seem better to give no instruction concerning a defendant’s failure to testify unless such an instruction is requested by defendant. [Citation omitted.]””

   1 later decision quote this exact passage
   e.g. State v. Caron

3. ““ . . . [N]o person is required to testify against himself in a criminal case, and the only way that this right can be fully protected is that when a person accused of a crime does not testify, that the jury must not consider his failure to testify one way or the other in reaching a decision in the case; so don’t consider in your deliberations the fact that the defendant did not testify in this case.””

   1 later decision quote this exact passage
   e.g. State v. Covington